My client is a roofing contractor who was sued by a homeowner. During the tear-off of the old roof, it began storming and the interior of the home was drenched. My client submitted the claim to his insurance company, however, the insurance company denied the claim. The insurance company is citing an endorsement to the policy. The endorsement excludes any water damage to a home unless the roofer documents that he checked the weather report on the day the tear-off began.
Contrary to the insurance company’s assertions, I believe we will be able to show that the roofer complied with this endorsement. Also, even if he did not check the weather report, I will be able to show that had he done so, the weather report for that day did not indicate rain.
Because the insurance company has denied the claim, we filed a declaratory judgment action seeking a judicial determination that there is coverage for this claim. Obviously, a victory for my client will be a great help to the homeowner also.
As with most of my insurance cases, I have agreed that my only fees and costs will come from the insurance company if we win. And, if I lose, I’ll work for free. In either event, there will be no fees and costs at all from my client.